Aryan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79647 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Aryan Kumar, S/o Late Parbhu Sahni, R/o Village- Musahri Ward 21, PSKabaiya, Distt- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramakant Yadav, Advocate For the Opposite Party/s :
Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and Mrs. Sharda Kumari, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Lakhisarai (Kabaiya) P.S. Case No. 151 of 2024 instituted for the offence under Sections 341, 323, 307, 354(B), 379, 504, 324/34 of the Indian Penal Code.
3. The case of the prosecution is that the petitioner assaulted the informant with lathi and it is further alleged that he assaulted the younger son of the informant, namely, David Barner on the head with the butt of kudal. Other allegations are on the rest of the accused persons.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.79647 of 2024(2) dt.28-11-2024 2/2 committed no offence. He has falsely been implicated in this case. During course of the argument, it is submitted that injury report of David Barner is there on the record from perusal of which, it is clear that he has received only one injury on his head i.e. lacerated wound. Petitioner is having no criminal antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Lakhisarai (Kabaiya) P.S. Case No. 151 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) lata/- U T